COMBAT INJURED VETERANS UPDATE

Slide: 25ID Huey Inbound Vietnam                                  photo by D. Nau                                           

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Push to End Offset for Combat-Injured Veterans Off to Strong Start in Senate

By: Mark Belinsky

Photo via Architect of the Capitol (www.aoc.gov)

Page photo: U.S. soldiers look at the blazing oil wells that were set on fire during the Persian Gulf War. (Photo by Jacques Langevin/Sygma via Getty Images-from MOAA Website)
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The Major Richard Star Act, legislation which would end an unfair pay offset faced by more than 50,000 combat-injured veterans, was reintroduced in the Senate on Feb. 9 and already has amassed 49 co-sponsors.

 

S. 344, introduced by Sens. Jon Tester (D-Mont.) and Mike Crapo (R-Idaho), would allow medically retired, combat-injured veterans with less than 20 years of service to receive full DoD retirement pay and VA disability pay, instead of losing hundreds of dollars a month to cover the current unfair offset.

 

Last year, over two-thirds of Congress supported the Star Act, with 67 Senate co-sponsors and another 336 in the House. The House will reintroduce its bill soon; advocates hope to build on last year’s support and grow the number of original co-sponsors, creating a path to passage as standalone legislation or as part of the annual National Defense Authorization Act (NDAA).

 

[TAKE ACTION: Urge Your Legislators to Support Concurrent Receipt]

 

“Before my husband Richard Star lost his long-fought battle, he made me promise him to continue to work with members of Congress, and help over 50,000 families that would desperately benefit from the Major Richard Star Act. It is my honor to carry on this effort in his memory.” said Tonya Star, widow of Maj. Richard Star, USAR. “Last year, two-thirds of Congress supported the Major Richard Star Act, and it is with much gratitude that I thank Senators Tester and Crapo for their continued commitment to pass this legislation for our servicemembers and their families.”

 

Richard Star asked many of us across the community of military and veterans service organizations (MSOs/VSOs) to keep up the fight after he was gone. A recent press release, replete with statements from advocates across the community, depicts the “one voice” effect critical for an advocacy campaign and commitment to keep that promise.  

 

“Supporting our combat injured is a national imperative,” said Jack Du Teil, president of The Military Coalition (TMC) – a group of 35 MSOs and VSOs, including MOAA, which represents nearly 5.5 million members of the wider uniformed services community. “More than two-thirds of Congress supported this legislation last year, and we look forward to working [with] Senators Tester and Crapo and Representatives [Gus] Bilirakis and [Raul] Ruiz to get this legislation passed into law this year.”

 

[MARCH 14 MOAA WEBINAR: Concurrent Receipt Programs: All You Need to Know (and More) About CRDP and CRSC]

The estimated cost of the Star Act is a source of concern for some lawmakers. Military retirement pay is ultimately paid by the DoD out of the Military Retirement Trust Fund; according to baseline projections in a 2020 Congressional Budget Office report, the balance of that fund “increases by 6 percent annually over the coming decade, reaching nearly $1.6 trillion in 2030.” 

 

The purpose of that fund is to pay for earned retirement, including those injured in combat and forced to retire before reaching 20 years of service.    

 

“Our combat-injured veterans earned their retirement pay for dedicated years of service often deployed away from home and frequently subjected to enemy fire,” said MOAA President and CEO Lt. Gen. Brian T. Kelly, USAF (Ret). “The Major Richard Star Act supports over 50,000 medically retired servicemembers injured in that line of fire. Maj. Richard Star inspired veterans across the nation with his selfless journey to ensure care for all families and servicemembers. We will honor his legacy by continuing his fight alongside Chairman Tester and Senator Crapo to pass concurrent receipt legislation.”

 

Make Your Voice Heard

Reaching out to lawmakers will help support MOAA’s advocacy work on this critical bill. After contacting your senators and representatives, you also can encourage friends and individuals in your network to call their legislators’ offices via MOAA’s toll-free Capitol Hotline – 866-272-MOAA (6622), a toll-free line to the U.S. Capitol switchboard – and request a meeting to discuss this issue with their military legislative assistant or legislative director.

 

[RELATED: MOAA Answers Your Questions About Concurrent Receipt]

 

You can follow more about this and other MOAA legislative priorities at MOAA’s Advocacy News page.

VA Accelerates Toxic Exposure Claims, Urges Veterans to Apply Now

 

An airman tosses unserviceable uniform items into a burn pit in Balad, Iraq, March 10, 2008. (Senior Airman Julianne Showalter/U.S. Air Force photo)

 

Military.com | By Patricia Kime

Veterans who qualify for disability compensation under the recently signed landmark toxic exposures act should begin filing claims, Veterans Affairs Secretary Denis McDonough said Wednesday.

Speaking at the American Legion's national convention in Milwaukee, McDonough announced that the department has retroactively designated all health conditions listed in the Promise to Address Comprehensive Toxics, or PACT, Act as presumed to be related to military service effective Aug. 10 -- the date the bill was signed.

The law had called for phasing in conditions for many of the eligible veterans over the next several years. Instead, the VA will start processing claims for all beginning on Jan. 1, the "earliest possible date" the department can address them, McDonough said.

Read Next: Military Families Sue Over Red Hill Water Crisis Claiming Navy Negligence

"Veterans have waited too long for this care and these benefits already, and we're not going to make them wait any longer," McDonough said.

The law added 23 conditions to a list of presumptive illnesses considered related to burn pits, including certain types of cancer and respiratory illnesses, but they were to be phased in over the next three years, with those who are terminally ill, elderly or survivors having priority and eligible to file immediately.

The law also added high blood pressure to the list of illnesses presumed related to Agent Orange, a provision that could affect up to 500,000 Vietnam veterans. Most Vietnam veterans, except for those who are terminally ill; facing financial hardship or homelessness; or were 85 and older, weren't eligible to file a claim until October 2026, according to the law.

However, the PACT Act gave the VA the authority to move more quickly, and McDonough said the department wants every veteran to "get the care they need and their benefits they've earned."

"We're processing claims faster than we ever have before," he said.

More than 623,000 total claims were pending at the VA as of Aug. 27, with 154,000 categorized as "backlogged," or older than 125 days. That figure is down from more than 264,000 late last year.

To deal with the backlog and expected influx of new claims, the VA has hired thousands of new processors and automated its processing system to handle filings for commonly seen illnesses in veterans, such as hypertension, asthma, sleep apnea and prostate cancer.

McDonough said that, in many cases, the system reduces the processing time frame from months to days.

The PACT Act provides $278 billion over the next 10 years to expand VA health care and disability benefits for veterans exposed to a variety of toxins during military service, including burn pits, radiation, herbicides and chemicals.

More than 1 million veterans may be eligible under the legislation, and many have started claims already, according to McDonough. On Aug. 11 -- the day after President Joe Biden signed the new law -- the VA received the highest number of filings ever in a single day through the department's online disability claims filing system, McDonough said.

"No veteran is going to have to fight to get the quality care and benefits they've earned, no matter who they are or where they are," McDonough said.

To learn more or file a claim, veterans can visit the department's online page regarding PACT information or call 1-800-MyVA411 (800-698-2411).

-- Patricia Kime can be reached at Patricia.Kime@military.com. Follow her on Twitter @patriciakime.

 

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Arlington Cemetery Update: Bill Would Fix Unjust Changes, But It Needs Support

By: Mark Belinsky

MAY 25, 2022

A view from above of Section 60 at Arlington National Cemetery. (Photo by Elizabeth Fraser/Arlington National Cemetery)

A long-term legislative solution will preserve burial with full military honors for countless elderly and women veterans who could lose that earned benefit – but only if MOAA members and others encourage their lawmakers to act.

 

[TAKE ACTION: Ask Your Lawmakers to Co-Sponsor the Expanding America’s National Cemetery Act]

 

The Expanding America’s National Cemetery Act of 2022 has yet to be introduced in either chamber.  A draft version of the law doesn’t specifically address the planned reduction of eligibility at Arlington National Cemetery (ANC), but it takes significant steps toward a long-term solution. The bill would:

• Authorize the transformation of a VA-run national cemetery “to continue provision of full military honors” prior to Arlington reaching capacity. This would remove the space restrictions at Arlington which led to the ill-conceived eligibility changes now working their way through the federal rulemaking process.
   
• Ensure all eligibility criteria used for full military honors at the proposed cemetery are the same as those in effect for ANC as of March 31, 2022. This would make Congress’ intent clear regarding eligibility changes beyond that date, increasing the likelihood of the current process staying in place.
   
• Require a joint DoD/VA report covering both cemetery expansion and any new eligibility criteria, paying special attention to women veterans and to those whose military careers did not include service in combat. This further clarifies Congress’ intent to better account for these groups in the eligibility process.

 

[RELATED: Public Memorial Day Events Return to VA National Cemeteries]

 

Original co-sponsors of this legislation will be key to its success, either as a standalone bill or included in the FY 2023 National Defense Authorization Act (NDAA). That’s why MOAA is asking its members to reach out now, even before the bill is introduced, to rally support behind this critical measure at this critical time.

 

Why It Matters

Despite its Southern Expansion, and despite eligibility restrictions designed to extend the life of the cemetery, ANC eventually will run out of room. Changing the rules is a cost-cutting measure – one that comes on the backs of military retirees and others whose final plans included burial at a national cemetery. It’s also shortsighted – a long-term solution involving the transformation of an existing VA national cemetery is cost-sensitive and establishes efficiencies by relying on existing VA expertise.

 

And it’s discriminatory: As the Service Women’s Action Network (SWAN) put it in a February letter to congressional leadership, “Suddenly, most living veterans eligible for burial at ANC, many of whom served in critical operations at sea or in the air and all but a few women – who were barred by law from service in combat occupations and units until recently – will be denied internment at ANC despite their dedication, gallant, and often dangerous service to their Country.”

 

[READ THE SWAN LETTER]

 

What’s Next

The House and Senate Armed Services Committees will begin marking up the NDAA in the coming weeks. The House Armed Services Committee included report language in last year’s NDAA for a joint DoD and VA report on the ANC issue, with unanimous consent, only to have it removed by the Senate. Outreach to your elected officials, especially your two senators, will help improve the chances for the Expanding America’s National Cemetery act to be included in the FY 2023 NDAA.

 

If you’ve already sent a message, consider a follow-up phone call. Use MOAA’s Capital Hotline – 866-272-MOAA (6622), a toll-free line to the U.S. Capitol switchboard – to connect with your legislators' offices.

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MOAA is the nation's largest and most influential association of military officers. It is an independent, nonprofit, politically nonpartisan organization.